Court of Appeals of Washington
139 P.3d 366 (2006)
Sherry (plaintiff) and Dean (plaintiff) had an open marriage and were not sexually monogamous. Sherry and Dean belonged to a swingers group. Sherry met Frederick (defendant) at a swingers party, and they became sexually involved. Sherry became pregnant. Sherry informed Dean that the child may not be his, but Dean was legally presumed to be the father, because he and Sherry were married. A month after the child, C.S., was born, a DNA test excluded Dean as his father. Dean and Sherry decided to end their marriage. A few months later, Sherry contacted Frederick by e-mail. Frederick was a married attorney, and his wife was unaware of his infidelities. Frederick decided to remove his online presence so that Sherry was unable to reach him. A year and a half after C.S.'s birth, a DNA test confirmed that Frederick was C.S.'s biological father. Frederick began paying $500 per month in child support. Over two years after C.S.'s birth, Dean filed a petition to disestablish paternity and adjudicate Frederick as the father. Sherry joined in the petition. Frederick filed a motion to dismiss, asserting that the action was barred by the statute of limitations. The court granted Frederick's motion and dismissed the petition. Sherry and Dean appealed, arguing that the discovery rule should apply and toll the statute of limitations.
Rule of Law
Holding and Reasoning (Ellington, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.